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108-587: The Naturopathic Physicians Licensing Examinations ( NPLEX ) are professional licensing exams administered by the North American Board of Naturopathic Examiners (NABNE). Graduates of naturopathic programs accredited by the Council on Naturopathic Medical Education (CNME) are required to pass the exams before being permitted to practice naturopathic medicine in a U.S. state or Canadian province that licenses naturopaths. (Some naturopaths who graduated prior to

216-602: A country is recognized as de jure , it is an acknowledgment by the other de jure nations that the country has sovereignty and the right to exist. However, it is often at the discretion of each nation whether to co-operate or participate. If a nation does agree to participate in activities of the supranational bodies and accept decisions, the nation is giving up its sovereign authority and thereby allocating power to these bodies. Insofar as these bodies or nominated individuals may resolve disputes through judicial or quasi-judicial means, or promote treaty obligations in

324-649: A business leading to an additional 1.4% of national income going to the top 10% of earners. A 2019 National Bureau of Economic Research paper found that occupational licensing contributed to an average welfare loss of 12 percent. The empirical work on the effects of licensing on employment levels or growth rates, but the existing estimates suggest that they could be large. Kleiner (2006) examined employment growth rates in states and occupations with stronger versus weaker occupational licensing requirements. Specifically, he compares employment growth between 1990 and 2000 of occupations that are licensed in some states to

432-588: A cheaper but (allegedly) sub-standard service. Organizations such as the American Medical Association were explicitly set up to restrict the number of practitioners. However, libertarians like Milton Friedman have argued that this process is counterproductive as it seriously restricts the number of active professionals working in society and thus unnecessarily inhibits the working of a free enterprise economy. A 2011 U.S. study estimated that occupational licenses result in 2.8 million fewer jobs, and cost

540-827: A crime, as well as cases of alleged child abuse or neglect; serious crimes committed by 16 or 17 year old persons may be referred to the District Courts. Seven judges in the Appeals Court hear most criminal appeals from District Courts, all appeals from juvenile court and all domestic/divorce cases from District Court, as well as some cases transferred to them by the Supreme Court. The Supreme Court seats five judges who hear appeals on first-degree felonies (the most serious) including capital crimes, as well as all civil cases from District Court (excepting divorce/domestic cases). The Supreme Court also oversees cases involving interpretation of

648-520: A jurisdiction with more stringent licensing. This can be particularly burdensome on families where one spouse has no choice with regard to location of work (such as military servicemembers), when the second spouse is in a licensed profession. These problems can be avoided by harmonizing laws across jurisdictions, or with reciprocity agreements where licenses from one jurisdiction are recognized in others. With occupational licensing varying by state, another channel through which licensing can affect employment

756-401: A legitimate certifying examination of alleged medical professionals. One section of this official study guide explains a clinical scenario of an after hours phone call to a naturopathic practitioner from a frantic mother with a child who has a severe cough and is gasping for air ; the following example questions do not recommend that the mother take the child to the emergency department per

864-459: A lifelong privilege, but increasingly nowadays, it requires periodic review by peers and renewal. It is very common for license renewal to depend, at least in part, on academia . In the United Kingdom such regular upgrading of skills is often termed continuous professional development , or CPD. In many professions this is fast becoming a standard, mandatory and annual requirement. For example, in

972-533: A lower appellate court) has heard the matter. For example, in United States federal courts , the United States district courts have original jurisdiction over a number of different matters (as mentioned above), and the United States court of appeals have appellate jurisdiction over matters appealed from the district courts. The U.S. Supreme Court, in turn, has appellate jurisdiction (of a discretionary nature) over

1080-414: A matter is brought before the courts in a way amounting to an abuse of process, a court recognising its jurisdiction is obliged to exercise it. But as Australia is a federal country, no court is vested with an unrestricted jurisdiction. Therefore, the rules of jurisdiction are used to determine the ambit of those restrictions upon the courts. This idea of restrictions on jurisdiction is well illustrated by

1188-515: A means of excluding competition. Licensure restricts entry into professional careers in medicine , nursing , law , business , pharmacy , psychology , social work , teaching , engineering , surveying , and architecture . Advocates claim that licensure protects the consumer through the application of professional, educational and/or ethical standards of practice. Economist Milton Friedman opposed this practice, believing that licensure effectively raises professional salary by placing limits on

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1296-512: A member nation if that member nation asserts its sovereignty and withdraws from the union. The standard treaties and conventions leave the issue of implementation to each nation, i.e. there is no general rule in international law that treaties have direct effect in municipal law , but some nations, by virtue of their membership of supranational bodies, allow the direct incorporation of rights or enact legislation to honor their international commitments. Hence, citizens in those nations can invoke

1404-514: A more recent study from 2009 found the opposite. To distinguish various forms of regulation, there are three forms of government regulation of occupations: In contrast to government regulation, voluntary professional certification can be used to demonstrate competence without the harmful economic effects of legalized occupational barriers. Examples of professional associations and trade associations that provide voluntary professional certification in various fields include: Research funded by

1512-407: A much wider range of professions, such as florists and hairdressers. Some studies find consumers are more responsive to reviews than to occupational licensing status. Licensing creates a regulatory barrier to entry into licensed occupations. Licensing advocates argue that it protects the public interest by keeping incompetent and unscrupulous individuals from working with the public. However, there

1620-425: A natural experiment. It finds that this policy change increased the propensity to work as self-employed substantially. Because it restricts employment, licensing can also lead to higher prices for services faced by consumers . While it is not possible to precisely estimate the effects of substantially reducing occupational licensing at the present time, both theory and the available evidence suggest that such

1728-521: A number of cases at different stages of licensing reduces employment, but does not result in better services. For example, Kleiner and Kudrle (2000) find that occupational licensing of dentists does not lead to improved measured dental outcomes of patients, but is associated with higher prices of certain services, likely because there are fewer dentists. In the case of midwifery, the introduction of occupation licensing led to substantial reductions in maternal mortality. Many professions involving risk to

1836-991: A particular profession or to obtain a privilege such as to drive a car or truck. Many other privileges and professions require a license, generally from the state or provincial government, in order to ensure that the public will not be harmed by the incompetence of the practitioners, and to limit supply to incumbent practitioners and thus increase wages. Examples of professions that require licensure in some jurisdictions include: actuary , architect , certified public accountant , electrician , engineering , general contractors , financial analyst , geologists , hedge fund manager, insurance agent , interior design , investment banker , licensed professional counselor , nurse , physical therapist , plumber , private investigator , psychologist , landscape architect , lawyer , nutritionist , physician , real estate broker , speech-language pathologist , school counselor , social worker , stockbroker , surveyor , and teacher . Licensure

1944-420: A particular political jurisdiction where the pass rate is low because both the economic and shame costs may be high. Conversely, efforts can be made at interstate reciprocity, so that a license or a certification earned in one federated state or province qualifies the holder to practice in any of the other states or provinces of the federation , which can lower the overall cost and burden of adequately staffing

2052-419: A person. There is no hierarchy when it comes to any of the principles. States must therefore work together to solve issues of who may exercise their jurisdiction when it comes to issues of multiple principles being allowed. The principles are Territorial Principle, Nationality Principle, Passive Personality Principle, Protective Principle, Universality Principle Territorial principle : This principle states that

2160-571: A prejudicial impact upon the State. It is especially used when it comes to matters of national security. Universality principle : This is the broadest of all the principles. The basis is that a State has the right, sometimes even the obligation, to exercise jurisdiction when it comes to the most serious violations of international criminal law; for example genocide , crimes against humanity , extrajudicial executions , war crimes , torture , and forced disappearances . This principle also goes further than

2268-562: A premises be licensed to oversee unlicensed practitioners, permitting of the business overall, random health and safety inspections, general consumer protection laws, and deregulation in favor of voluntary professional certification schemes or free market mechanisms such as customer review sites. Traditionally, occupations in the crafts professions and in the liberal professions organize their respective industries in guilds and chambers in European countries like Germany and Austria. One of

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2376-498: A reduction could translate into significantly higher employment, better job matches, and improved customer satisfaction . Low-income consumers, in particular, would benefit because reduced barriers to entry would reduce the prices of services provided. Without doing a detailed analysis at the occupation-by-occupation and state level, economists cannot say which occupations can be justified based on quality-consideration, though studies have been conducted they have found at least in

2484-485: A regional level, groups of nations can create political and legal bodies with sometimes complicated patchworks of overlapping provisions detailing the jurisdictional relationships between the member states and providing for some degree of harmonization between their national legislative and judicial functions, for example, the European Union and African Union both have the potential to become federated nations although

2592-630: A state and citizens of another state, lawsuits involving citizens of different states, and against foreign states and citizens. Certain courts, particularly the United States Supreme Court and most state supreme courts , have discretionary jurisdiction , meaning that they can choose which cases to hear from among all the cases presented on appeal. Such courts generally only choose to hear cases that would settle important and controversial points of law. Though these courts have discretion to deny cases they otherwise could adjudicate, no court has

2700-461: Is a form of government regulation requiring a license to pursue a particular profession or vocation for compensation. It is related to occupational closure . Some claim higher public support for the licensing of professions whose activities could be a health or safety threat to the public, such as practicing medicine, and doctors require occupational licenses in most developed countries . However, some jurisdictions also require licenses for

2808-630: Is a three-day, examination of naturopathic clinical sciences; it includes 3 main sections and 2 electives, organized in clinical cases with several multiple-choice questions about each case. The exam is stated to cover the following topics: Clinical Elective Sections (for certificate or licensure in some U.S. states) Both the Part I and Part II examinations are offered twice a year in nine locations in North America: Professional licensing Occupational licensing , also called licensure ,

2916-402: Is already strongly encouraged within the medical profession. One simple theory of occupational licensing envisions a costless supply of unbiased , capable gatekeepers , and enforcers . The gatekeepers screen entrants to the occupation, barring those whose skills or character suggest a tendency toward low-quality output. The enforcers monitor incumbents and discipline those whose performance

3024-416: Is below standard with punishments that may include revocation of the license needed to practise. Assuming that entry and performance are controlled in these ways, the quality of service in the profession will almost automatically be maintained at or above standards that are set by the gatekeeper to the profession . Within this approach, only those who have the funds to invest in training and the ability to do

3132-505: Is created by the states’ constitutions and is further delineated by legislation passed by their respective parliaments. In the Constitution of Queensland 2001 (QLD), it is written at s58(1) that the Supreme Court of the state has all jurisdiction necessary for the administration of justice in Queensland . That is the extent of its jurisdiction. In New South Wales , the courts’ jurisdiction

3240-425: Is limited to certain types of controversies (for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum) is sometimes referred to as a court of special jurisdiction or court of limited jurisdiction . In U.S. federal courts, courts must consider subject matter jurisdiction sua sponte and therefore recognize their own lack of jurisdiction even if neither party has raised

3348-450: Is little evidence that it affects the overall quality of services provided to customers by members of the regulated occupation. It can also harm consumers by raising prices and reducing innovation by new market entrants, and may slow overall economic growth. Some occupational licensing can violate competition law due to anti-competitive practices . Alternatives to individual licensing include only requiring that at least one person on

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3456-509: Is not exclusive to the Australian federal court system, parties involved in international disputes will already be familiar with that concept. However, the threshold for intra-Australia transfer is notably lower than that pertaining to international transfer . The word "jurisdiction" is also used, especially in informal writing, to refer to a state or political subdivision generally, or to its government, rather than to its legal authority. In

3564-553: Is not mentioned in the constitution. Instead, the state’s legislature is empowered to make laws for the peace, welfare, and good governance of New South Wales. Amongst these laws, it is stated in section 23 of the Supreme Court Act 1970 (NSW) that the Supreme Court shall have all jurisdiction necessary for the administration of justice in NSW. In Victoria , that same power is conferred by section 85(1) of its constitution. In summary,

3672-521: Is similar to professional certification , and sometimes synonymous (such as in the case with teacher licensure/certification); however, certification is an employment qualification and not a legal requirement for practicing a profession. In many cases, an individual must complete certain steps, such as training, acquiring an academic degree in a particular area of study, and/or passing an exam , before becoming eligible to receive their license. There are various resources available to assist professionals with

3780-583: Is similar to the Nationality Principle, except you are exercising jurisdiction against a foreign national that has committed a criminal act against its own national. The idea is that a State has a duty to protect its nationals and therefore if someone harms their nationals that State has the right to prosecute the accused. Protective principle : This principle allows States to exercise jurisdiction when it comes to foreign nationals for acts committed outside their territory that have or are intended to have

3888-406: Is through reduced mobility. The patchwork of regulations raises the cost of cross-state mobility for workers in these occupations. This will result in slower adjustment costs to regional economic shocks which can result in higher unemployment . A 1983 study found that some occupational licensing schemes tended to exclude minorities and disadvantaged populations from entering such trades. However,

3996-525: Is useful to determine what questions a court may answer in examining a matter before it. Original jurisdiction permits courts to answer all questions of law and fact when a matter is brought before them for the first time (for practical reasons, courts hearing appeals from administrative bodies will also exercise original jurisdiction, this does not subvert the rule). Appellate jurisdiction is corrective in nature. There, courts examine how lower previous decision-makers answered questions of law, whether an error

4104-416: Is well understood that occupational licensing can serve as a barrier to occupational entry resulting in reduced employment , monopoly rents for workers in the occupation, and higher prices for consumers. Kleiner and Krueger (2010 and 2013) show that after controlling for education, labor market experience, occupation, and other controls, licensing is associated with a 15 to 18 percent wage premium in

4212-590: The European Union member states except Denmark accepted Council Regulation (EC) 44/2001 , which makes major changes to the Brussels Convention and is directly effective in the member nations. Council Regulation (EC) 44/2001 now also applies as between the rest of the EU Member States and Denmark due to an agreement reached between the European Community and Denmark. In some legal areas, at least,

4320-451: The Necessary and Proper Clause in areas beyond those specifically conferred on Congress ( Missouri v. Holland , 252 U.S. 416 (1920)). This concerns the relationships both between courts in different jurisdictions , and between courts within the same jurisdiction. The usual legal doctrine under which questions of jurisdiction are decided is termed forum non conveniens . To deal with

4428-561: The UK medical licensing system has largely been a response to public and government unease about a series of recent and well-publicised cases of alleged medical incompetence, including the Harold Shipman case, the Alder Hey organs scandal and those involving David Southall , Rodney Ledward and Richard Neale. Such cases of medical malpractice in the 1990s are widely considered to have inspired

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4536-404: The United States —such subunits will exercise jurisdiction through the court systems as defined by the executives and legislatures. When the jurisdictions of government entities overlap one another—for example between a state and the federation to which it belongs—their jurisdiction is a shared or concurrent jurisdiction. Otherwise, one government entity will have exclusive jurisdiction over

4644-537: The World Trade Organization (WTO) that have socially and economically significant dispute resolution functions but, again, even though their jurisdiction may be invoked to hear the cases, the power to enforce their decisions is at the will of the nations affected, save that the WTO is permitted to allow retaliatory action by successful nations against those nations found to be in breach of international trade law . At

4752-769: The federal government and a state, actions by a state against the citizens of another state or foreign country. As a practical example of court jurisdiction, as of 2013 Utah has five types of courts, each for different legal matters and different physical territories. One-hundred-and-eight judges oversee Justice Courts, which handle traffic and parking citations, misdemeanor crimes, and most small claims cases. Seventy-one judges preside over District Courts, which deal with civil cases exceeding small claims limits, probate law, felony criminal cases, divorce and child custody cases, some small claims, and appeals from Justice Courts. Twenty-eight judges handle Juvenile Court, which oversees most people under 18 years old who are accused of

4860-742: The member nations of the EEC signed the Brussels Convention in 1968 and, subject to amendments as new nations joined, it represents the default law for all twenty-seven Member States of what is now termed the European Union on the relationships between the courts in the different countries. In addition, the Lugano Convention (1988) binds the European Union and the European Free Trade Association . In effect from 1 March 2002, all

4968-500: The professionalization process by which trades have transformed themselves into true professions, licensing fast became the method of choice in obtaining the occupational closure required by barring competition from entry to the rites and privileges of a professional group. This was initially the preferred route of regulation whether for physicians, lawyers, the clergy, accountants, bankers, scientists or architects. However, licensing has given way to membership of professional bodies, as

5076-563: The stannary courts that dealt with disputes involving the tin miners of Cornwall . The original royal charters of the American colonies included broad grants of franchise jurisdiction along with other governmental powers to corporations or individuals, as did the charters for many other colonial companies such as the British East India Company and British South Africa Company . Analogous jurisdiction existed in medieval times on

5184-435: The supply of specific occupations. "It is hard to regard altruistic concern for their customers as the primary motive behind their determined efforts to get legal power to decide who may be a plumber." Restricting entry by licensing is arguably a convenient and effective method of maintaining the high standards, high status and elite privileges of a profession as well as acting to eliminate competition from those who provide

5292-570: The Courts of Appeals, as well as the state supreme courts, by means of writ of certiorari . However, in a special class of cases, the U.S. Supreme Court has the power to exercise original jurisdiction. Under 28 U.S.C.   § 1251 , the Supreme court has original and exclusive jurisdiction over controversies between two or more states, and original (but non-exclusive) jurisdiction over cases involving officials of foreign states, controversies between

5400-707: The District Court in Provo, Utah . If both the minor traffic offense and the felony arrests resulted in guilty verdicts, the traffic conviction could be appealed to the District Court in Provo, while the second-degree felony appeal would be heard by the Appeals Court in Salt Lake City and the first-degree felony appeal would be heard by the Supreme Court. Similarly for civil matters, a small claims case arising in Orem would probably be heard in

5508-570: The EU enacted Directive 2005/36/EC , which "enables the free movement of professionals" across Member States, by allowing licensed workers to have their professional qualifications recognised by other countries in the bloc. The European Commission records occupational licensing restrictions across the EU on its Regulated Professions Database . The subsequent 'Proportionality Directive' passed in 2018 requires national governments to assess whether new barriers to practice are proportionate to achieve objectives in

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5616-560: The European Commission in 2016 estimated that around 22% of workers in the European Union were affected by occupational licensing. This varied significantly between member states, with Germany having the highest proportion (33%) affected, and Denmark the lowest (14%). The same paper also found the 'Health and Social Work' sector generally had the most licensing, but in general there was "considerably large variation" in which professions were licensed in different member states. In 2005,

5724-602: The ICJ only nations may be parties in cases before the Court and, under Article 36, the jurisdiction comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force. But, to invoke the jurisdiction in any given case, all the parties have to accept the prospective judgment as binding. This reduces

5832-598: The NPLEX Blue Print and Study Guide published by NABNE were entered into the public record of the Colorado state legislature . Part I is a biomedical sciences examination which consists of 200 multiple-choice questions. Eligibility for the exam requires completion of biomedical sciences coursework at a CNME-approved naturopathic medicine program. The exam is stated to cover the following topics: Anatomy , Biochemistry , Microbiology , Pathology , and Physiology . Part II

5940-784: The Orem Justice Court, while a divorce filed by an Orem resident would be heard by the District Court in Provo. The above examples apply only to cases of Utah state law; any case under Federal jurisdiction would be handled by a different court system. All Federal cases arising in Utah are under the jurisdiction of the United States District Court for the District of Utah , headquartered in Salt Lake City, Utah , and would be heard in one of three Federal courthouses. In Australia, unless

6048-568: The State where the crime has been committed may exercise jurisdiction. This is one of the most straightforward and least controversial of the principles. This is also the only principle that is territorial in nature; all other forms are extraterritorial. Nationality principle (also known as the Active Personality Principle): This principle is based around a person's nationality and allows States to exercise jurisdiction when it comes to their nationality, both within and outside

6156-712: The State's territory. Seeing as the territoriality principle already gives the State the right to exercise jurisdiction, this principle is primarily used as a justification for prosecuting crimes committed abroad by a States nationals. There is a growing trend to allow States to also apply this principle to permanent residents abroad as well (for example: Denmark Criminal Code (2005), sec 7; Finland Criminal Code (2015), sec 6; Iceland Criminal Code (2014), art 5; Latvia Criminal Code (2013), sec 4; Netherlands Criminal Code (2019), art 7; Norway Criminal Code (2005), sec 12; Swedish Criminal Code (1999), sec 2; Lithuania Criminal Code (2015), art 5). Passive Personality Principle : This principle

6264-443: The U.S. workforce in the 1950s, but declined to less than 12 percent of the U.S. workforce by 2008. In April 2019, Arizona became the first US state to recognize out-of-state occupational licenses. Jurisdictions Jurisdiction draws its substance from international law , conflict of laws , constitutional law , and the powers of the executive and legislative branches of government to allocate resources to best serve

6372-532: The U.S. are a prime example of jurisdictional dilemmas caused by different states under a federal alignment. When parents and children are in different states, there is the possibility of different state court orders over-ruling each other. The U.S. solved this problem by adopting the Uniform Child Custody Jurisdiction and Enforcement Act . The act established criteria for determining which state has primary jurisdiction, which allows courts to defer

6480-570: The US, educators are subject to state re-certification requirements in order to continue teaching. The No Child Left Behind Act of 2001, enacted to improve performance in US schools, has led to an intensification of license requirements for both beginning and experienced educators. In the case of UK medical practitioners , the government has recently proposed that they should all be legally required to produce formal proof, every five years, that they are upgrading their standard of practise. This tightening of

6588-581: The United States and customary international law to be a part of the "Supreme Law of the Land" (along with the Constitution itself and acts of Congress passed pursuant to it) (U.S. Const.art. VI Cl. 2) As such, the law of the land is binding on the federal government as well as on state and local governments. According to the Supreme Court of the United States , the treaty power authorizes Congress to legislate under

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6696-554: The advent of the NPLEX were licensed by examinations administered by state licensing boards.) There are concerns that the NPLEX does not test naturopathic examinees on the knowledge necessary for the practice of primary care medicine. However, naturopathic advocates claim that the NPLEX is equivalent to other standard medical licensing examinations, such as the USMLE and COMLEX-USA , but this has not been established by independent analysts due to

6804-565: The benefit of maintaining legal entities with jurisdiction over a wide range of matters of significance to nations (the ICJ should not be confused with the ICC and this version of "universal jurisdiction" is not the same as that enacted in the War Crimes Law (Belgium) , which is an assertion of extraterritorial jurisdiction that will fail to gain implementation in any other state under the standard provisions of public policy ). Under Article 34 Statute of

6912-421: The completion of these steps. Professional associations are often a tremendous resource to individuals looking to obtain a special level of certification or licensure. Upon the successful attainment of a license, individuals append an acronym to their name, such as CPA ( Certified Public Accountant ) or LPD and PI ( Private Detective and Investigator ) PE ( Professional Engineer ). In places, licensure may still be

7020-601: The difference in competence between federal and state courts. Federal courts are the High Court of Australia , the Federal Court of Australia , the Family Court of Australia , and other subsidiaries. Federal courts exercise federal jurisdiction - the judicial powers granted to the federal government by the constitution of Australia. The extent of that jurisdiction is outlined in both the Constitution and legislation enacted by

7128-400: The difference in growth rates between these sets of states of fully licensed and fully unlicensed occupations. This estimate implies that a licensed occupation that grew at a 10 percent rate between 1990 and 2000 would have grown at a 12 percent rate if it were unregulated. For Germany, a study exploits the deregulation of occupational licenses called Meister for 53 occupations in 2004 as

7236-481: The difficult question of how to co-ordinate their activities with those of national courts. If the two sets of bodies do not have concurrent jurisdiction but, as in the case of the International Criminal Court (ICC), the relationship is expressly based on the principle of complementarity , i.e., the international court is subsidiary or complementary to national courts, the difficulty is avoided. But if

7344-400: The discretion to hear a case that falls outside of its subject matter jurisdiction. It is also necessary to distinguish between original jurisdiction and appellate jurisdiction . A court of original jurisdiction has the power to hear cases as they are first initiated by a plaintiff , while a court of appellate jurisdiction may only hear an action after the court of original jurisdiction (or

7452-638: The economy $ 203 billion per year. The number of jobs requiring a professional licensed represents an increasing fraction of the workforce, from 5% in 1950 to 22% in 2010s. Critics say that low-income consumers, who pay higher prices than required for the level of quality they might require, and low-income job seekers, are disproportionately affected. In the United States, critics have pointed out that (as of 2018) only 60 professions are licensed by all 50 states, but about 1100 by at least one state, including tour guides, bartenders, and interior designers. If many professions are functioning satisfactorily unlicensed in

7560-667: The exam being withheld from external review. Unlike the USMLE and COMLEX-USA, the NPLEX is exclusively a written, multiple-choice exam and, therefore, does not contain sections to test clinical skills on modeled patients. Very little is known about the NPLEX exam, and it has been called a mystery by those outside the naturopathic community. No external review has been conducted on the NPLEX to assess whether examinees can safely and effectively diagnose and treat disease using established medical standards. The exam has been criticized by David Gorski for testing knowledge of homeopathy , whilst serving as

7668-589: The federal parliament. For example, section 73(ii) of the Constitution empowers the High Court to hear appeals from the supreme court of any state, and from other courts exercising federal jurisdiction. Likewise, section 39B(1A)(c) of the Judiciary Act 1903 (Cth) empowers the Federal Court of Australia to hear any matter arising under laws enacted by the federal parliament. Similarly, the jurisdiction of state courts

7776-404: The government to tighten professional control of medical practitioners and monitor the quality of their practice for their entire working life. One qualification for life is no longer deemed sufficient. Consequently, medical licenses can now be withdrawn when evidence of serious malpractice emerges. Currently, though such reviews of CPD are entirely voluntary, some form of professional development

7884-412: The hearing of a case if an appropriate administrative agency determines so. The primary distinctions between areas of jurisdiction are codified at the federal level. In the United States' common law system, jurisdiction is conceptually divided between jurisdiction over the subject matter of a case and personal jurisdiction over the parties to the case. A court whose subject matter jurisdiction

7992-492: The history of English common law, a jurisdiction could be held as a form of property (or more precisely an incorporeal hereditament ) called a franchise . Traditional franchise jurisdictions of various powers were held by municipal corporations , religious houses , guilds , early universities , the Welsh Marches , and counties palatine . Types of franchise courts included courts baron , courts leet , merchant courts , and

8100-400: The imposition of fines, improved screening to prevent expelled practitioners from re-entering the occupation, or requiring all incumbents to put up capital that would be forfeited upon loss of the license. To offset the possibility that incumbents could shift to other occupations with little loss of income, entry requirements could be tightened to limit supply and create monopoly rents within

8208-447: The interests of justice, the second court is a more appropriate place to litigate. In assessing the interests of justice in any particular matter, the court will have regard to the interests of the parties. The mere existence of criteria to transfer matters over to different courts nonetheless means that parties have an interest in commencing proceedings in the most convenient jurisdiction to them. The advantage conferred onto first movers

8316-467: The issue of forum shopping , nations are urged to adopt more positive rules on conflict of laws. The Hague Conference and other international bodies have made recommendations on jurisdictional matters, but litigants with the encouragement of lawyers on a contingent fee continue to shop for forums. Under international law there are different principles that are recognized to establish a state's ability to exercise criminal jurisdiction when it comes to

8424-559: The jurisdiction claimed is concurrent or, as in the case of International Criminal Tribunal for the former Yugoslavia (ICTY), the international tribunal is to prevail over national courts, the problems are more difficult to resolve politically. The idea of universal jurisdiction is fundamental to the operation of global organizations such as the United Nations and the International Court of Justice (ICJ), which jointly assert

8532-527: The jurisdiction of local courts to enforce rights granted under international law wherever there is incorporation. If there is no direct effect or legislation, there are two theories to justify the courts incorporating international into municipal law: In the United States, the Supremacy Clause of the United States Constitution makes all treaties that have been ratified under the authority of

8640-414: The jurisdiction of the courts of each state extends (at a basic level) to matters occurring within their state. Meanwhile, the jurisdiction of the Federal Court of Australia is over matters arising under federal law. The jurisdiction of the High Court is to hear appeals from states’ Supreme Courts, the Federal Court, and over matters prescribed in the Constitution of Australia. That approach to jurisdiction

8748-516: The labor market. This estimate may partially reflect a premium for higher unmeasured human capital, but it is also consistent and likely in large part due to rents. A 2016 paper studying occupational licensing in the European Union estimated a wage premium of 4%, with significant variation across professions. A study from the Mercatus Center showed that occupational licensing can lead to greater income inequality, with each step needed to open

8856-655: The licensed occupation ( rent-seeking ). The threat of losing these monopoly rents could, in principle, give incentives to incumbents to maintain quality standards . This may also result in some increases in human capital investments in order to attain additional requirements. The rents could also motivate potential entrants to invest in high levels of training in order to gain admittance. This suggests that licensing can raise quality within an industry by restricting supply, raising labor wages, and raising output prices. Increasing prices may signal either enhanced quality due to perceived or actual skill enhancements or restrictions on

8964-489: The majority of states, this implies to critics that the licensing is unnecessary for consumer protection. The administrations of both President Obama and President Trump have tried to pressure state and local authorities to reduce overly burdensome licensing requirements. Excessive requirements include requiring hair braiders to have a full cosmetology license and learn about many unrelated tasks, and requiring casket salespersons to be full licensed funeral directors. It

9072-654: The matter. A court whose subject matter is not limited to certain types of controversy is referred to as a court of general jurisdiction . In the U.S. states , each state has courts of general jurisdiction; most states also have some courts of limited jurisdiction. Federal courts (those operated by the federal government ) are all courts of limited jurisdiction. Federal jurisdiction is divided into federal question jurisdiction and diversity jurisdiction . The United States district courts may hear only cases arising under federal law and treaties, cases involving ambassadors, admiralty cases, controversies between states or between

9180-686: The medical standard of care but rather test on what homeopathic remedy should be administered. In 2005, the Colorado Department of Regulatory Agencies concluded that "there is little generalizable evidence that the NPLEX Part II clinical licensing examinations actually measure clinical competence" associated with the naturopathic profession. The report notes that NABNE, the exam administrator, claims that other testing formats that would better evaluate clinical skills, such as using standardized patients, are not feasible. In 2014, sample questions from

9288-454: The most important changes in licensing has been the 2004 reform in Germany, where workers in 53 of 94 crafts professions were not required to be licensed anymore in order to start a business. In 2020, 12 of these deregulated professions reinstated the licensing requirement. In the United States and Canada, licensing (the term registration is sometimes used) is usually required by law to work in

9396-487: The nature of laws, the power ceded to these bodies cumulatively represents its own jurisdiction. But no matter how powerful each body may appear to be, the extent to which any of their judgments may be enforced, or proposed treaties and conventions may become, or remain, effective within the territorial boundaries of each nation is a political matter under the sovereign control each nation. The fact that international organizations, courts and tribunals have been created raises

9504-532: The needs of society . Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter . These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The Lotus case establishes two key rules to

9612-695: The new requirements) is the norm when occupations seek to become licensed , incumbent workers are usually supportive of the regulation process. In the absence of grandfathering, lower-skilled workers in the occupation may have to seek alternative employment. For example, if sales skills are the key to both providing licensed sales of heart monitors and the non-licensed selling of shoes or cars , then individuals may shift between these lines of work with little loss of income. Under these circumstances, meaningful discipline for license holders may require deliberate steps to ensure that loss of license entails significant financial loss. Such additional steps could include

9720-415: The other principles as there is attached to it the obligation to either prosecute the accused or extradite them to a State that will, known as aut dedere aut judicare . At a supranational level, countries have adopted a range of treaty and convention obligations to relate the right of individual litigants to invoke the jurisdiction of national courts and to enforce the judgments obtained. For example,

9828-560: The political barriers to such unification in the face of entrenched nationalism will be very difficult to overcome. Each such group may form transnational institutions with declared legislative or judicial powers. For example, in Europe, the European Court of Justice has been given jurisdiction as the ultimate appellate court to the member states on issues of European law. This jurisdiction is entrenched, and its authority could only be denied by

9936-563: The prescription and enforcement of jurisdiction. The case outlines that jurisdiction is territorial and that a state may not exercise its jurisdiction in the territory of another state unless there is a rule that permits this. On that same note, states enjoy a wide measure of discretion to prescribe jurisdiction over persons, property and acts within their own territory unless there was a rule that prohibits this. Supranational organizations provide mechanisms whereby disputes between nations may be resolved through arbitration or mediation . When

10044-685: The profession in all regions. For example, high demand and low supply for nurses or for teachers , in any particular region, can be alleviated if the red tape is reduced, as long as that reduction does not truly harm competence and preparedness. The effect of not reducing that administrative burden has been measured by a 2017 analysis that found that occupational licensing in different American states reduced between-state migration of individuals in professions with divergent licensing by 36 percent relative to members of other occupations, while workers in nationally licensed occupations showed no evidence of reduced interstate migration. A 2020 follow up study by

10152-412: The public do not require professional licenses. For example, chefs are generally unlicensed, though opening a restaurant may require permits, inspection, and employee training or instructional signage. Becoming a brain surgeon typically only requires a medical license; the substantial additional training and experience required to perform this operation competently is managed by the hospitals who employ

10260-425: The public interest. In the United States , licensing has been among the fastest-growing labor market institutions. The figure shows the growth of occupational licensing relative to the decline of union membership since the 1950s. By 2008 occupational licensing in the U.S. had grown to 29 percent of the workforce, up from below five percent in the 1950s. In contrast, unions represented as much as 33 percent of

10368-442: The public might also be restricted by licensure, including a barber , cosmetologist , or massage therapist . Occupations that bring a person into the home might also be screened through licensure, including a chauffeur , landscape architect , or arborist . Individuals practicing a profession in one jurisdiction where no license is required, or where licensing requirements are more lax, face problems with employment when moving to

10476-524: The reciprocal enforcement of foreign judgments is now more straightforward. At a national level, the traditional rules still determine jurisdiction over persons who are not domiciled or habitually resident in the European Union or the Lugano area. Many nations are subdivided into states or provinces (i.e. a subnational "state" ). In a federation —as can be found in Australia , Brazil , India , Mexico , and

10584-469: The risk of wasting the Court's time. Despite the safeguards built into the constitutions of most of these organizations, courts and tribunals, the concept of universal jurisdiction is controversial among those nations which prefer unilateral to multilateral solutions through the use of executive or military authority, sometimes described as realpolitik -based diplomacy. Within other international contexts, there are intergovernmental organizations such as

10692-415: The same authors found that "the magnitude of the effect can only account for a small part of the overall decline in [interstate migration] seen in recent decades." "People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices." Adam Smith , The Wealth of Nations Historically, in

10800-474: The same occupations that are not licensed in other states. In order to account for differential growth rates between states, he also compared the growth rate of occupations that are either fully licensed or fully unlicensed in both sets of states. Using a " difference-in-difference " regression analysis , Kleiner found that partially licensed occupations had a 20 percent lower growth rate in states with licensing relative to states without licensing and relative to

10908-443: The shared area. When jurisdiction is concurrent, one government entity may have supreme jurisdiction over the other entity if their laws conflict. If the executive or legislative powers within the jurisdiction are not restricted, or have only limited restrictions, these government branches have plenary power such as a national policing power . Otherwise, an enabling act grants only limited or enumerated powers. Child custody cases in

11016-493: The standards of the new entrants. Individuals who attempt to enter the occupation in the future will need to balance the economic rents of the field's increased monopoly power against the greater difficulty of meeting the entrance requirements. Once an occupation is regulated, members of that occupation in a geographic or political jurisdiction can implement tougher statutes or examination pass rates and may gain relative to those who have easier requirements by further restricting

11124-453: The state Constitution, election matters, judicial conduct, and alleged misconduct by lawyers. This example shows how matters arising in the same physical territory might be seen in different courts. A minor traffic infraction originating in Orem, Utah is handled by the Orem Justice Court. However, a second-degree felony arrest and a first-degree felony arrest in Orem would be under the jurisdiction of

11232-435: The supply of labor and obtaining economic rents for incumbents ( credentialism and educational inflation ). Restrictions would include raising the pass rate on licensing exams, imposing higher general and specific requirements, and implementing tougher residency requirements that limit new arrivals in the area from qualifying for a license. Moreover, individuals who have finished schooling in the occupation may decide not to go to

11340-422: The supply of regulated workers. State-regulated occupations can use political institutions to restrict supply and raise the wages of licensed practitioners. There is assumed to be a once-and-for-all income gain that accrues to current members of the occupation who are "grandfathered" in, and do not have to meet the newly established standard. Generally, workers who are "grandfathered" are not required to ever meet

11448-470: The surgeons. Restrictions to employment without licensure can prevent people with criminal records or severe mental health issues from working in occupations that require public trust. Occupations of or affected by the gambling industry, may be restricted by licensure, such as a racing secretary in horseracing , or people in the boxing , mixed martial arts , and professional wrestling industry. People whose occupations put them in physical contact with

11556-422: The work are able to enter the occupation. Introducing economics to this otherwise mechanical model by noting that a key discipline on incumbents—the threat of revoking one's license—may not mean much if incumbents can easily re-enter the profession, such as by moving to a new firm, or by shifting to an alternative occupation with little loss of income. Since grandfathering (i.e., allowing current workers to bypass

11664-458: Was made in that process, as well as whether and how that error ought to be rectified. Their job is to correct errors made in answering the said questions - essentially, to correct errors of law. The jurisdiction of Supreme Courts of states and territories may be vested in each other in special circumstances, the federal jurisdiction may also be vested in them. Technicalities aside, the scheme compels courts to transfer matters to another court if, in

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